Calcutta High Court (Appellete Side)
Company Ltd. & Ors vs Ar West Bengal Electricity Board ... on 12 December, 2022
02 12.12.2022 RVW 245 of 2022
with
I.A No. CAN 1 of 2022
CAN 2 of 2022
Ct-08
West Bengal Sate Electricity Distribution
Company Ltd. & Ors.
Vs.
ar West Bengal Electricity Board Engineers'
Association &Ors.
in
MAT 502 of 2020
Mr. S.N. Mookherjee, Ld. Advocate General
Mr. Chayan Gupta
Mr. Sandip Dasgupta
Mr. Saaqib Siddiqui
... For the Review Applicants
Mr. Soumya Majumder
Ms. Sanjukta Dutta
... For the Respondents
Re: CAN 1 of 2022 (Section 5)
This is an application for condonation of
delay in preferring review of the judgment and
order dated 17th September, 2021.
The memorandum of review was presented
on 2nd December, 2022 after obtaining leave from
us to file the same without certified copy of the
impugned order. It is not in dispute that the
certified copy of the impugned order was
obtained, within the period of limitation, while
preferring the Special Leave Petition being
Special Leave to Appeal (C) No(s). 2947 of 2022.
The Special Leave to Appeal was dismissed on 4th
March, 2022.
The review applicants thereafter filed an
application for review being Review Petition (C)
D. No. 12240 of 2022 along with an application
for condonation of delay. The application for
condonation of delay was allowed on 11th May,
2022, however, the review petition was dismissed
on that date. Thereafter, admittedly the
applicants filed an application for review of the
order of the learned single judge dated 13th
March, 2020 on or about 19/20th July, 2022.
Learned Advocate General appearing on
behalf of the applicants has submitted that in
view of dismissal of the SLP arising out of our
order dated 17th September, 2021 by the Hon'ble
Supreme Court subsequent dismissal of the
review application by the Hon'ble Supreme Court
remedy lies in filing an application for review of
our order dated 17th September, 2021 as the
order passed by the learned Single Judge on 13th
March, 2020 has merged with the order passed
by this Court on 17th September, 2021.
Accordingly, the review applicants have been
advised not to proceed with the review
application filed before Justice Rajasekhar
Mantha on or about 19th and 20th July, 2022.
Presently, we are considering the prayer for
condonation of delay in preferring the
memorandum of review being RVW 245 of 2022.
We need to find out in the said application for
condonation of delay that there is sufficient
cause in preferring the memorandum of review
beyond the period of limitation.
We are satisfied with the explanations offered
in the said application. The delay in presenting
the memorandum of review is thus condoned.
The application for condonation of delay
being CAN 1 of 2022 stands allowed.
Re: CAN 2 of 2022
Mr. Soumya Majumder, learned advocate,
appears on behalf of the respondents and
undertakes that representation to be made by
one of his juniors on their behalf by filing
Vokalatnama in the department in course of this
week.
As Mr. Soumya Majumder appears on behalf
of the respondents, the service of notice of
memorandum of review upon the respondents
writ petitioners is waived.
Mr. Majumder submits that there is no
requirement of filing any affidavit-in-opposition
to be filed in the review application, save and
except the writ petitioners to be allowed to rely
upon the orders or any court's order relating to
the issues between the parties for which a prior
notice shall be given to Mr. Sandip Dasgupta,
learned advocate on record on behalf of the
review applicants.
Let the review application appear along with
CAN 2 of 2022 on 19th January, 2023 at 3.00
p.m.
(Saugata Bhattacharyya,J.) (Soumen Sen, J.)
